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Newcomb and Boyd,MEPFP Engineer
<br /> Lappas and Havener,Landscape Architect
<br /> § 1.1.14 Other Initial Information on which the Agreement is based:
<br /> (Provide other Initial Information, if applicable.)
<br /> Pro Bono
<br /> § 1.2 The Owner and the Architect may rely upon the Initial Information.The Owner and Architect agree that the
<br /> Initial Information provided by the Owner shall not materially change and,in the event that it does,the parties shall
<br /> renegotiate the Agreement,or the Owner or Architect may terminate this Agreement in accordance with the provisions
<br /> of Article 9.
<br /> § 1.3 If the Architect's Pro Bono Services have not been completed within ( 12 )months of the date of this
<br /> Agreement,through no fault of the Architect,the Architect may terminate this agreement in accordance with the
<br /> provisions of Article 9.
<br /> ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
<br /> § 2.1 The Architect shall provide the professional services as set forth in this Agreement.
<br /> §2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
<br /> architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall
<br /> perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
<br /> the Project.
<br /> ARTICLE 3 SCOPE OF ARCHITECT'S PRO BONO SERVICES
<br /> § 3.1 The Architect's Pro Bono Services consist of those described in this Article 3.For the purposes of this
<br /> Agreement, "Pro Bono Services"are professional services for which the Architect expects to receive no financial
<br /> compensation.. At the election of the Architect,certain of such services may be provided through subconsultants to
<br /> the Architect.However,notwithstanding the foregoing sentence,the Owner and the Architect agree that it is the
<br /> express intent of the parties that in the event of any actual or alleged damage,loss,claim,cause of action,liability,cost
<br /> or expense which arises out of,or is caused by any act,error or omission of any consultant to the Architect that the
<br /> Owner will proceed against such consultant directly,at its sole cost and expense. In such event,the Architect shall
<br /> assign to the Owner all rights that the Architect may have against such consultant,and the Owner shall indemnify and
<br /> hold the Architect harmless against any such damage,loss,claim,cause of action,liability,cost or expense,including,
<br /> but not limited to,the costs and expenses of claim,attorney's fees,expert witness fees,court costs or other similar
<br /> costs to the Owner in bringing an action against the Architect's consultant.
<br /> § 3.1.1 The Architect shall manage the Architect's Pro Bono Services, attend meetings in accordance with Sections
<br /> 3.2 and 3.3,consult with the Owner,research applicable design criteria,communicate with the members of the Project
<br /> team listed in Sections 1.1.10, 1.1.12,and 1.1.13,and report progress to the Owner's representative listed in Section
<br /> 1.1.10.
<br /> § 3.1.2 The Owner may contract directly with other necessary or appropriate consultants,including,but not limited to,
<br /> those rendering any mechanical,structural,civil and electrical engineering services. The Architect shall coordinate its
<br /> work with such other consultants in the delivery of the Services, and shall reasonably assist the Owner in preparing a
<br /> consolidated set of Construction Documents. However,the Owner understands and acknowledges that the Architect
<br /> shall have no responsibility whatsoever for the acts,errors or omissions of such other consultants,including any
<br /> implied responsibility to identify or act upon any such act,error or omission.The Architect shall coordinate its
<br /> services with those services provided by the Owner and the Owner's consultants.The Architect shall be entitled to rely
<br /> on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants.
<br /> The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission
<br /> or inconsistency in such services or information.
<br /> § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit for the Owner's approval a
<br /> schedule for the performance of the Architect's Pro Bono Services.The schedule initially shall include anticipated
<br /> dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial
<br /> AIA Document B106--2010(rev.10/2010).Copyright 02010 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document
<br /> Init. is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it, 4
<br /> may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by
<br /> AIA software at 13:35:01 on 03/12/2013 under Order No.3252469288_1 which expires on 12/31/2013,and is not for resale.
<br /> User Notes: (724650291)
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